by Mike Masnick
Wed, May 7th 2008 1:23pm
If you follow the various RIAA lawsuits, you'll notice the pattern. The RIAA bullies and bullies and bullies people, trying to get them to settle. They almost never want to go to court -- and if someone fights back -- especially to the point of filing countersuits, the RIAA looks to get out of the case as quickly as possible. Step one, of course, is trying to get the countersuits dismissed. Apparently, it tried to do that last year when a defendant in Tampa countersued the RIAA. The judge, however, wouldn't let the RIAA off the hook and refused to dismiss most of the counterclaims. Amazingly, in a very similar case in front of the same judge, with the defendant again countersuing -- the RIAA asked the court to dismiss the countersuits, claiming the earlier decision was in error. Generally speaking, it's probably not a great idea to tell the judge that a ruling he made a few months back in a nearly identical case was a mistake. After receiving the motion to dismiss the countersuit Tuesday evening, the judge turned it down first thing Wednesday morning. The judge's order itself is short and sweet, saying that the RIAA showed no evidence as to why the original ruling was incorrect and so it sees no reason to treat this countersuit any differently than the last one. Of course, just like last time, the RIAA doesn't want this to go to court, and will likely try to settle up as quickly as possible.
If you liked this post, you may also be interested in...
- Florida City Sends Bogus Trademark C&D To Blogger Because It Doesn't Like Its Logo Parodied
- Why The DMCA's Notice & Takedown Already Has First Amendment Problems... And RIAA/MPAA Want To Make That Worse
- Another Free Speech Win In Libel Lawsuit Disguised As A Trademark Complaint
- Ding Dong: Silly Six Strikes Copyright Infringement Scheme Is Dead
- Software Copyright Litigation After Oracle v. Google